Supreme Court of India

Super Cassettes Industries Ltd v Music Broadcast Pvt Ltd

2012 INSC 20020121 min read
The case in brief30-second read
Facts
Music Broadcast, a radio operator, applied to the Copyright Board for a compulsory licence under S.31 of the Copyright Act to broadcast Super Cassettes' sound recordings, and the Board granted an interim licence.
Issue
Whether the Copyright Board could grant an interim compulsory licence under S.31.
Held
S.31 allows only a final compulsory licence after the Board has inquired into and found the refusal unreasonable; it gives no power to grant an interim licence. The interim order was set aside.
Principle
A compulsory licence under S.31 needs a full inquiry; no interim licence can be granted.
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Facts

  • Music Broadcast, a radio operator, applied to the Copyright Board for a compulsory licence under S.31 of the Copyright Act to broadcast Super Cassettes' sound recordings, and the Board granted an interim licence.

Issue

  1. Whether the Copyright Board could grant an interim compulsory licence under S.31.

Held

  • S.31 allows only a final compulsory licence after the Board has inquired into and found the refusal unreasonable; it gives no power to grant an interim licence. The interim order was set aside.

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Citation

Super Cassettes Industries Ltd v Music Broadcast Pvt Ltd 2012 INSC 200

Reported: https://indiankanoon.org/doc/119540048/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.